Professional Documents
Culture Documents
*
G.R. No. 159577. May 3, 2006.
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* FIRST DIVISION.
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Same; Same; Same; The term foreman implies that he was the
representative of management over the workers and the operation
of the department.Noteworthy, even petitioner admitted that he
was a supervisor. In his Position Paper, he stated that he was the
foreman responsible for the operation of the boiler. The term
foreman implies that he was the representative of management
over the workers and the operation of the department. Petitioners
evidence also showed that he was the supervisor of the steam
plant.
PANGANIBAN, C.J.:
The Case
1
Before us is a Petition for Review under Rule 2
45 of the
Rules3 of Court, assailing the January 27, 2003 and July 4,
2003 Resolutions of the Court of Appeals (CA) in CA-G.R.
SP No. 74358. The earlier Resolution disposed as follows:
WHEREFORE, premises
4
considered, the instant petition is
hereby DISMISSED.
The Facts
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steam plant boiler. In May 2001, Pearanda filed a
Complaint for illegal dismissal with money claims against
BPC and7
its general manager, Hudson Chua, before the
NLRC.
After8 the parties failed to settle amicably, the labor
arbiter directed the parties to 9file their position papers and
submit supporting documents. Their respective allegations
are summarized by the labor arbiter as follows:
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before the labor arbiter and NLRC; and 2) explain why the
filing and
15
service of the Petition was not done by personal
service.
In its later Resolution dated July 4, 2003, the CA denied
reconsideration on the ground that petitioner 16
still failed to
submit the pleadings filed17
before the NLRC.
Hence this Petition.
The Issues
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15 Assailed CA Resolution dated January 27, 2003, pp. 1-2; Rollo, pp.
298-299.
16 Assailed CA Resolution dated July 4, 2003, p. 1; Id., at p. 51.
17 This Petition was deemed submitted for decision on June 29, 2005
upon this Courts receipt of petitioners Memorandum, which he signed
with the assistance of Atty. Angela A. Librado. Respondents
Memorandum, signed by Atty. Leo N. Caubang, was received by this
Court on May 26, 2005.
18 Petitioners Memorandum, pp. 5-6; Rollo, pp. 268-269.
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23
stantial justice. The Court frowns upon the practice of 24
dismissing cases purely on procedural grounds. 25
Considering that there was substantial compliance, a
liberal interpretation of procedural rules in this labor case
is more in keeping26 with the constitutional mandate to
secure social justice.
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parties alleging
28
have the burden of substantiating their
allegations.
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(b) When the nature of the work of the employee is such that he has no
regular workdays and no regular rest days can be scheduled, he shall be
paid an additional compensation of at least thirty percent (30%) of his
regular wage for work performed on Sundays and holidays.
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Petition denied.
o0o
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